Tramonte v. Colarusso

The judge found that the brick wall on the defendant’s land at the third story bulged onto or overhung the plaintiff’s land about one eighth to one quarter of an inch; that this bulging was not designed and was within the rule “de minimis”; that the foundation to the wall extends onto the plaintiff’s land from two to three and a half inches; that at this point there is a shed or "can house” on the plaintiff’s premises; that portions of the foundation wall could be easily removed if the defendant is allowed to go upon the plaintiff’s land and is allowed to move the "can house” "so that it will…